Johannesburg - President Jacob Zuma has filed papers to appeal a high court decision that shifted his power of appointing the National Director of Public Prosecutions (NDDP) to Deputy President Cyril Ramaphosa.
In December the High Court ruled that NDPP head Shaun Abrahams' appointment was unlawful and that he should leave office and that a new head should appointed by Ramaphosa within the next 60 days.
The court made this decision while ruling on the R17 million golden handshake that was given to former NDPP head Mxolisi Nxasana for his departure from the position.
High Court Judge Dunstan Mlambo ruled that Nxasana's departure from the NPA was unlawful and as such the post he held was not vacant when he left and as such Abrahams' appointment was unlawful.
Mlambo also instructed that Ramaphosa be the one to appoint the new NDPP head because Zuma was conflicted in the matter as the NPA was yet to rule on whether he should face corruption charges linked to the arms deal.
Zuma's appeal will focus on the "unconstitutionality" of the court shifting his powers to appoint the NPA head, yet he was able to perform other functions as President.
"The court erred in law in holding to be constitutionally permissible to have two presidents in the country at the same time and both of them excising the executive function," Zuma's application read.